Exploring Legal Duties in Personal Injury Accident Cases

Few people think about responsibilities in personal injury accidents until it’s too late.

Millions of Americans become involved in unexpected accidents each year. And when that happens… Understanding who is legally responsible for an injury makes all the difference in a case.

The problem is:

Most accident victims have no idea what legal duties in personal injury accidents mean. They don’t know how fault is determined. And they don’t know how to protect their legal rights after an injury.

The good news is:

Learning the legal duties in personal injury accidents isn’t as hard as it sounds. Once the basics are understood, the rest makes sense.

In this article, you will learn:

• What Are Legal Duties in Personal Injury Cases?
• The 4 Elements That Prove Negligence
• Who Bears Responsibilities in Personal Injury Accidents
• How Attorneys Build Strong Injury Claims
• Common Mistakes That Destroy Cases

What Are Legal Duties in Personal Injury Cases?

Legal duties are a set of responsibilities that people owe to others to act with reasonable care.

Here’s an example…

When you drive a car, you have a legal duty to drive safely. When a store owner opens up shop, they have a legal duty to maintain safe premises for customers.

Violation of these duties is where personal injury cases begin. If someone fails to uphold their legal responsibilities and that failure causes injury to someone else… It’s negligence.

Negligence is the cornerstone of most personal injury cases. Experienced personal injury attorneys understand how to spot these violations and build strong cases around them. Proving that a duty of care existed and was violated is the foundation of any personal injury case.

If a duty cannot be proven, then no case exists.

Simple enough right?

The 4 Elements That Prove Negligence

Negligence is determined by establishing four critical elements in court. A personal injury case falls apart if one or more of the following cannot be proven.

Duty of Care

Establishing a duty of care is the first element of a personal injury claim. A victim must show that the defendant owed a legal duty of care to them in the given circumstances.

Drivers have duties to other drivers and pedestrians. Doctors have duties to their patients. Property owners owe duties to visitors on their premises.

Breach of Duty

The next element is showing that the defendant breached the duty of care. The plaintiff must prove that the defendant failed to behave reasonably given the circumstances.

This means showing the defendant failed to meet the legal standard of conduct owed to the victim.

For example: A driver who runs a red light is obviously breaching the legal duty to obey traffic signals.

Causation

The breach of the legal duty must have directly caused the victim’s injuries. This element requires a direct connection between the defendant’s actions and the injuries sustained.

In other words: The accident and resulting injuries must be a direct result of the defendant’s breach of duty.

Damages

The final element of negligence is actual damages. Medical expenses, lost wages, and pain and suffering are examples of damages that are compensable.

They are the financial losses that are covered in a settlement or verdict.

Who Bears Responsibilities in Personal Injury Accidents

Responsibility in personal injury accidents is case-specific and depends on the facts of the case.

The responsible party in a car accident is usually the driver who caused the crash through some negligent behavior.

Slip and fall accidents are common and often involve the property owner.

Examples of negligent behavior that may result in responsibility include:

• Distracted driving
• Speeding
• Ignoring traffic signals
• Driving while impaired

Business owners are legally responsible for maintaining safe premises for visitors.

Visitors on the property for business purposes are owed the highest duty of care. Reasonable care must be exercised to keep the premises free of hazards.

Visitors who are trespassing or on the property for social reasons are owed less of a duty of care.

Employers are responsible for providing a safe workplace.

Failure to provide adequate safety measures and the resulting injuries may leave employers legally responsible.

The employer has a legal duty to exercise reasonable care in providing a safe work environment.

States have agencies to track workplace injuries and fatalities. In 2023, a worker died every 99 minutes from a work-related injury in the U.S., according to the Bureau of Labor Statistics.

Medical professionals are legally responsible for providing a reasonable standard of care to patients.

Doctors, nurses, and hospitals have an affirmative legal duty to exercise reasonable care when providing medical services to patients.

When a healthcare provider deviates from accepted medical standards and causes an injury, they are legally responsible.

The level of legal responsibility varies in each case depending on the specific facts.

The responsible party could be an individual or a business. In some cases, more than one person may share the blame.

Determining exactly who is legally responsible for an injury requires a detailed investigation.

Motor vehicle accidents, slip and falls, workplace injuries, medical malpractice, and other types of accidents all involve different parties bearing the responsibility.

How Attorneys Build Strong Injury Claims

There’s a lot more to building a successful personal injury case than simply establishing negligence.

Top personal injury cases have solid foundations built on a thorough investigation, solid evidence, and proper documentation.

Examples of things personal injury lawyers do to build a strong case:

• Investigate the accident scene
• Collect and preserve all possible evidence
• Obtain and preserve all medical records related to the injury
• Consult with experts when necessary
• Document and calculate all economic and non-economic damages
• Protect the rights of the victim throughout the process

One important thing to understand is that timing matters in building a strong injury claim.

Evidence can be lost or destroyed. Witnesses may forget important details over time. Statutes of limitations for filing claims will run out.

The best thing for accident victims to do is to contact an attorney immediately after an accident.

A personal injury lawyer knows what evidence to collect and preserve. A personal injury lawyer knows how to document everything and conduct a proper investigation into an accident.

Something else few people know:

Personal injury cases rarely go to trial. In fact, an estimated 95% of personal injury cases settle before ever seeing the inside of a courtroom.

Negotiation and settlement skills are some of the most important tools for a personal injury attorney.

The best attorneys have proven track records of success in obtaining fair settlements without the uncertainty and stress of a trial.

Examples of Mistakes That Destroy Cases

The most solid of injury cases can be irreparably damaged by one or more mistakes on the part of the victim.

Examples of mistakes that damage or destroy a case:

• Waiting too long to file a claim or lawsuit. Statutes of limitations apply.
• Failing to seek immediate medical attention for injuries.
• Making recorded statements to insurance adjusters.
• Posting on social media after an accident.
• Accepting a quick settlement offer from an insurance company.
• Failing to follow doctor’s orders and treatment recommendations.
• Driving a vehicle without having a police report from an accident.

The good news is that these mistakes are avoidable with the right information.

The more accident victims know about their rights and responsibilities, the better position they are in to protect their interests.

The legal system is a powerful tool that can be used to protect the rights of injury victims and compensate them for their losses.

Wrapping It All Up

Legal duties in personal injury cases are the foundation of any successful personal injury claim. Learning and understanding the concept of legal duties and how they apply to specific accident scenarios makes all the difference for accident victims.

A quick recap:

• Legal duties are the responsibility people owe to others to use reasonable care
• Negligence can be proven by showing duty, breach, causation, and damages
• The party bearing responsibility for an accident depends on the type of accident
• The four elements of negligence prove a party was legally responsible for an injury
• Attorneys build strong injury cases through investigation and evidence
• The value of injury cases can be destroyed by common mistakes

Understanding the responsibilities in a personal injury accident is one of the first steps that accident victims should take. The more victims know about their rights and the legal system, the more power they have to protect their own interests.